171014 Understanding Streaming and Copyright: A Comparison of the US and European Regimes

Title:
Understanding Streaming and Copyright: A Comparison of the US and European Regimes

Speaker:
盧憶 (Thomas Y. Lu)

Time: 
10/14 (Sat.) 3 pm PDT, 4 pm MDT, 5 pm CDT, 6 pm EDT
10/15 (Sun.) 6 am Taiwan

Link: 
Join the talk on BlueJeans:  
https://bluejeans.com/6366170552/browser
 

Abstract: 
What are the legal risks when entrepreneurs or business units start their online streaming businesses in the U.S and in the Europe regimes? We posit here that legal risks are both substantive and procedural. Both risks come from the recent decisions of the district court, U.S. Supreme Court or from the European Court of Justice (ECJ). By comparing the U.S. and the European legal regimes, we can find the similarities between the two regimes—briefly and broadly stated, they protect copyright holders. Because of the broad protection, the substantive risks are shifted to online streaming businesses. In terms of procedural issues, the online streaming businesses have to understand the differences between the two regimes—they have to provide enough factual evidence in the pleading stage of the U.S. and to be concerned about legislature adoption in member states of E.U. The way to lower those risks is to develop a business model where all stakeholders benefit. Also, providing adequate terms of use in the platform is critical to escape liability when infringement has occurred. Finally, when confronting lawsuits, managers and legal counsels should hire and cooperate with local lawyers so that they can lower the risk of high damage costs.